HB 5685

relating to the creation of the Waller County Improvement District
No. 3; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4204 to read as follows:
CHAPTER 4204.  WALLER COUNTY IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 4204.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "County" means Waller County.
(3)  "Director" means a board member.
(4)  "District" means the Waller County Improvement
Sec. 4204.0102.  NATURE OF DISTRICT.  The Waller County
Improvement District No. 3 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 4204.0103.  PURPOSE; DECLARATION OF INTENT.  (a)  The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
(b)  By creating the district and in authorizing the county
and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c)  The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
(d)  This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district.  The district is created to
supplement and not to supplant county services provided in the
Sec. 4204.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a)  All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b)  The district is created to serve a public use and
(c)  The creation of the district is in the public interest
and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the
(2)  eliminating unemployment and underemployment; and
(3)  developing or expanding transportation and
(1)  promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2)  provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3)  promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
(4)  provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e)  Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
(f)  The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 4204.0105.  INITIAL DISTRICT TERRITORY.  (a)  The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure.  A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
(3)  right to impose or collect an assessment or tax; or
Sec. 4204.0106.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
(1)  a tax increment reinvestment zone created under
(2)  a tax abatement reinvestment zone created under
Sec. 4204.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW.  Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4204.0108.  CONSTRUCTION OF CHAPTER.  This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B.  BOARD OF DIRECTORS
Sec. 4204.0201.  GOVERNING BODY; TERMS.  (a)  The district is
governed by a board of five voting directors elected or appointed as
provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b)  Except as provided by Section 4204.0203, voting
directors serve staggered four-year terms.
Sec. 4204.0202.  COMPENSATION.  (a)  A director is entitled
to receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code.
(b)  Sections 375.069 and 375.070, Local Government Code, do
Sec. 4204.0203.  TEMPORARY VOTING DIRECTORS.  (a)  On or
after the effective date of the Act enacting this chapter, the owner
or owners of a majority of the assessed value of the real property
in the district according to the most recent certified tax
appraisal roll for the county may submit a petition to the Texas
Commission on Environmental Quality requesting that the commission
appoint as temporary voting directors the five persons named in the
petition.  The commission shall appoint as temporary voting
directors the five persons named in the petition.
(b)  The temporary or successor temporary voting directors
shall hold an election to elect five permanent voting directors as
(c)  Temporary voting directors serve until the earlier of:
(1)  the date permanent voting directors are elected
(2)  the fourth anniversary of the effective date of
(d)  If permanent voting directors have not been elected
under Subsection (b) and the terms of the temporary voting
directors have expired, successor temporary voting directors shall
be appointed or reappointed as provided by Subsection (e) to serve
terms that expire on the earlier of:
(1)  the date permanent voting directors are elected
(2)  the fourth anniversary of the date of the
(e)  If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
successor temporary voting directors the five persons named in the
petition.  The commission shall appoint as successor temporary
voting directors the five persons named in the petition.
Sec. 4204.0204.  NONVOTING DIRECTORS.  The board may appoint
nonvoting directors to serve at the pleasure of the voting
Sec. 4204.0205.  QUORUM.  For purposes of determining the
requirements for a quorum of the board, the following are not
(1)  a board position vacant for any reason, including
death, resignation, or disqualification;
(2)  a director who is abstaining from participation in
a vote because of a conflict of interest; or
SUBCHAPTER C.  POWERS AND DUTIES
Sec. 4204.0301.  GENERAL POWERS AND DUTIES.  The district
has the powers and duties necessary to accomplish the purposes for
Sec. 4204.0302.  IMPROVEMENT PROJECTS AND SERVICES.  (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
(b)  The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c)  The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Sec. 4204.0303.  LAW ENFORCEMENT SERVICES.  To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
Sec. 4204.0304.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 4204.0305.  ECONOMIC DEVELOPMENT PROGRAMS.  (a)  The
district may engage in activities that accomplish the economic
development purposes of the district.
(b)  The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs
and exercise the economic development powers provided to
(1)  Chapter 380, Local Government Code; and
(2)  Subchapter A, Chapter 1509, Government Code.
Sec. 4204.0306.  PARKING FACILITIES.  (a)  The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b)  The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
(c)  The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
(d)  The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4204.0307.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
Sec. 4204.0308.  ADDING OR EXCLUDING LAND.  The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4204.0309.  NO EMINENT DOMAIN POWER.  The district may
not exercise the power of eminent domain.
Sec. 4204.0401.  PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS.  (a)  The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
(b)  A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4204.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
(b)  An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
(1)  are a first and prior lien against the property
(2)  are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
(3)  are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
(c)  The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid.  The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d)  The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 4204.0501.  TAX ELECTION REQUIRED.  (a)  The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
(b)  Section 375.243, Local Government Code, does not apply
Sec. 4204.0502.  OPERATION AND MAINTENANCE TAX.  (a)  If
authorized by a majority of the district voters voting at an
election under Section 4204.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(b)  The board shall determine the operation and maintenance
tax rate.  The rate may not exceed the rate approved at the
(c)  Section 49.107(h), Water Code, does not apply to the
Sec. 4204.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on
(b)  The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 4204.0504.  BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS.  The district may issue, without an election, bonds
(1)  revenue other than ad valorem taxes, including
(2)  contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4204.0505.  BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS.  (a)  If authorized at an election under Section
4204.0501, the district may issue bonds payable from ad valorem
(b)  At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c)  All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
Sec. 4204.0506.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district as
(b)  This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER F.  SALES AND USE TAX
Sec. 4204.0601.  APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS.  (a)  Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b)  A reference in Chapter 321, Tax Code, to a municipality
or the governing body of a municipality is a reference to the
district or the board, respectively.
Sec. 4204.0602.  ELECTION; ADOPTION OF TAX.  (a)  The
district may adopt a sales and use tax if authorized by a majority
of the voters of the district voting at an election held for that
(b)  The board by order may call an election to authorize the
adoption of the sales and use tax.  The election may be held on any
uniform election date and in conjunction with any other district
(c)  The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Waller County Improvement District No. 3 at a rate not to exceed
____ percent" (insert rate of one or more increments of one-eighth
Sec. 4204.0603.  SALES AND USE TAX RATE.  (a)  On or after the
date the results are declared of an election held under Section
4204.0602 at which the voters approved imposition of the tax
authorized by this subchapter, the board shall determine and adopt
by resolution or order the initial rate of the tax, which must be in
one or more increments of one-eighth of one percent.
(b)  After the authorization of a tax under Section
4204.0602, the board may increase or decrease the rate of the tax by
one or more increments of one-eighth of one percent.
(c)  The board may not decrease the rate of the tax if the
decrease would impair the repayment of any outstanding debt or
obligation payable from the tax.
(d)  The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1)  the maximum rate authorized by the district voters
at the election held under Section 4204.0602; or
(2)  a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
(e)  In determining whether the combined sales and use tax
rate under Subsection (d)(2) would exceed the maximum combined rate
prescribed by Section 321.101(f), Tax Code, at any location in the
district, the board shall include:
(1)  any sales and use tax imposed by a political
subdivision whose territory overlaps all or part of the district;
(2)  any sales and use tax to be imposed by the county
or a municipality in which the district is located as a result of an
election held on the same date as the election held under Section
(3)  any increase to an existing sales and use tax
imposed by the county or a municipality in which the district is
located as a result of an election held on the same date as the
election held under Section 4204.0602.
(f)  If the district adopts a sales and use tax authorized at
an election under Section 4204.0602 and subsequently includes new
territory in the district, the district:
(1)  is not required to hold another election to
approve the imposition of the sales and use tax in the included
(2)  shall impose the sales and use tax in the included
territory as provided by Chapter 321, Tax Code.
(g)  If the district adopts a sales and use tax authorized at
an election under Section 4204.0602 and subsequently excludes
territory in the district, the sales and use tax is inapplicable to
the excluded territory as provided by Chapter 321, Tax Code, but is
applicable to the territory remaining in the district.
Sec. 4204.0604.  TAX AFTER MUNICIPAL ANNEXATION.  (a)  This
section applies to the district after a municipality annexes part
of the territory in the district and imposes the municipality's
sales and use tax in the annexed territory.
(b)  If at the time of annexation the district has
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, Section 321.102(g), Tax Code,
(c)  If at the time of annexation the district does not have
outstanding debt or other obligations payable wholly or partly from
district sales and use tax revenue, the district may:
(1)  exclude the annexed territory from the district,
if the district has no outstanding debt or other obligations
(2)  reduce the sales and use tax in the annexed
territory by resolution or order of the board to a rate that, when
added to the sales and use tax rate imposed by the municipality in
the annexed territory, is equal to the sales and use tax rate
imposed by the district in the district territory that was not
Sec. 4204.0605.  NOTIFICATION OF RATE CHANGE.  The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Sec. 4204.0606.  USE OF REVENUE.  Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose.  The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
Sec. 4204.0607.  ABOLITION OF TAX.  (a)  Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b)  The board may not abolish the tax imposed under this
subchapter if the district has any outstanding debt or obligation
secured by the tax, and repayment of the debt or obligation would be
impaired by the abolition of the tax.
(c)  If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
(d)  If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 4204.0602 before the district may subsequently impose
SUBCHAPTER G.  HOTEL OCCUPANCY TAX
Sec. 4204.0701.  DEFINITION.  In this subchapter, "hotel"
has the meaning assigned by Section 156.001, Tax Code.
Sec. 4204.0702.  APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS.  (a)  For purposes of this subchapter:
(1)  a reference in Subchapter A, Chapter 352, Tax
Code, to a county is a reference to the district; and
(2)  a reference in Subchapter A, Chapter 352, Tax
Code, to the commissioners court is a reference to the board.
(b)  Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Sec. 4204.0703.  TAX AUTHORIZED; USE OF REVENUE.  The
district may impose a hotel occupancy tax for any purpose described
by Section 351.101 or 352.101, Tax Code.
Sec. 4204.0704.  TAX RATE.  (a)  The amount of the hotel
occupancy tax may not exceed the lesser of:
(1)  the maximum rate prescribed by Section 352.003(a),
(2)  a rate that, when added to the rates of all hotel
occupancy taxes imposed by other political subdivisions with
territory in the district and by this state, does not exceed the sum
of the rate prescribed by Section 351.0025(b), Tax Code, plus two
(b)  The district tax is in addition to a tax imposed by a
municipality under Chapter 351, Tax Code, or by the county under
Sec. 4204.0705.  INFORMATION.  The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a county.
Sec. 4204.0706.  USE OF REVENUE.  The district may use
revenue from the hotel occupancy tax for any district purpose that
is an authorized use of hotel occupancy tax revenue under Chapter
351 or 352, Tax Code.  The district may pledge all or part of the
revenue to the payment of bonds, notes, or other obligations and
that pledge of revenue may be in combination with other revenue
Sec. 4204.0707.  ABOLITION OF TAX.  (a)  Except as provided
by Subsection (b), the board may abolish the tax imposed under this
(b)  The board may not abolish the tax imposed under this
subchapter if the district has outstanding debt secured by the tax,
and repayment of the debt would be impaired by the abolition of the
Sec. 4204.0901.  DISSOLUTION.  (a)  The board shall dissolve
the district on written petition filed with the board by the owners
of at least two-thirds of the assessed value of the property subject
to assessment or taxation by the district based on the most recent
certified county property tax rolls.
(b)  The board by majority vote may dissolve the district at
(c)  The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
(3)  owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2.  The Waller County Improvement District No. 3
initially includes all territory contained in the following area:
A TRACT OR PARCEL CONTAINING 104.2 ACRES OR 4,539,252 SQUARE
FEET OF LAND SITUATED IN THE JARED E. GROCE SURVEY, ABSTRACT NUMBER
(NO.) 30, WALLER COUNTY, TEXAS, BEING THE SAME CALLED 104.2 ACRE
TRACT DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO HTCN
INVESTMENTS LLC, AS RECORDED IN DOCUMENT (DOC.) NO. 2308078, OF THE
WALLER COUNTY DEED RECORDS (W.C.D.R.), WITH SAID 104.2 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
WITH ALL BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983,
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF
THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF F.M. 3346 (100 FEET WIDE) AS
RECORDED IN VOLUME (VOL.) 262, PAGE (PG.) 748, W.C.D.R., AND THE
WESTERLY R.O.W. LINE OF F.M. 1887 (WIDTH VARIES) AS RECORDED IN VOL.
130, PG. 32, W.C.D.R., AND IN VOL. 130, PG. 34, W.C.D.R., MARKING
THE NORTHEAST CORNER OF A CALLED 122.978 ACRE TRACT DESCRIBED IN
WARRANTY DEED WITH VENDOR'S LIEN TO KENNETH W. MIKEL AND SUZANNE B.
MIKEL, AS RECORDED IN VOL. 495, PG. 592, W.C.D.R.;
THENCE, SOUTH 13 DEG. 24 MIN. 12 SEC. WEST, WITH THE WEST
R.O.W. LINE OF SAID F.M. 1887, A DISTANCE OF 2,435.60 FEET TO A 1/2
INCH IRON ROD FOUND IN CONCRETE MARKING THE COMMON EAST CORNER OF
SAID 122.978 ACRE TRACT, AND OF SAID 104.2 ACRE TRACT, SAME BEING
THE PLACE OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT, FROM WHICH A CONCRETE MONUMENT FOUND BEARS FOR
REFERENCE NORTH 86 DEG. 46 MIN. 01 SEC. EAST - 82.85 FEET;
THENCE, SOUTH 13 DEG. 24 MIN. 12 SEC. WEST, CONTINUING WITH
THE WEST R.O.W. LINE OF SAID F.M. 1887, A DISTANCE OF 1,039.26 FEET
(CALLED 1,036.78 FEET) TO A 5/8 INCH CAPPED IRON ROD STAMPED
"WINDROSE" SET MARKING THE BEGINNING OF A NON-TANGENT CURVE TO THE
THENCE, CONTINUING WITH THE WESTERLY R.O.W. LINE OF SAID F.M.
1887, AND WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,949.81
FEET, A CENTRAL ANGLE OF 22 DEG. 16 MIN. 39 SEC., AN ARC LENGTH OF
758.12 FEET (CALLED 760.61 FEET), AND A CHORD BEARING AND DISTANCE
OF SOUTH 02 DEG. 13 MIN. 41 SEC. WEST - 753.35 FEET TO A 1/2 INCH
CAPPED IRON ROD STAMPED "RPLS 6132" FOUND MARKING THE COMMON EAST
CORNER OF SAID 104.21 ACRE TRACT, AND OF A CALLED 1,377.777 ACRE
TRACT DESCRIBED IN SPECIAL WARRANTY DEED TO MOSING BROTHERS, LLC,
AS RECORDED IN VOL. 1421, PG. 441, W.C.D.R., SAME BEING THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 87 DEG. 41 MIN. 39 SEC. WEST, WITH A NORTH LINE
OF SAID 1,377.777 ACRE TRACT, COMMON WITH THE SOUTH LINE OF SAID
104.21 ACRE TRACT, A DISTANCE OF 2,480.84 FEET (CALLED 2,480.69
FEET) TO A 1/2 INCH IRON ROD FOUND MARKING THE COMMON SOUTH CORNER
OF SAID 104.2 ACRE TRACT, AND OF A CALLED 73.50 ACRE TRACT (TRACT
II) DESCRIBED IN WARRANTY DEED TO HTR RANCH LLC, AS RECORDED IN DOC.
NO. 2210532, W.C.D.R., SAME BEING THE SOUTHWEST CORNER OF THE
THENCE, NORTH 02 DEG. 17 MIN. 22 SEC. WEST, WITH THE EAST LINE
OF SAID 73.50 ACRE TRACT, COMMON WITH THE WEST LINE OF SAID 104.2
ACRE TRACT, A DISTANCE OF 1,747.77 FEET TO A 5/8 INCH CAPPED IRON
ROD STAMPED "WINDROSE" SET ON THE SOUTH LINE OF A CALLED 23.747 ACRE
DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO JOHN FISHER
MCCAULEY, JR., AS RECORDED IN DOC. NO. 2012647, W.C.D.R., MARKING
THE COMMON NORTH CORNER OF SAID 104.2 ACRE TRACT, AND OF SAID 73.50
ACRE TRACT, SAME BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
THENCE, NORTH 87 DEG. 58 MIN. 31 SEC. EAST, WITH THE SOUTH
LINE OF SAID 23.747 ACRE TRACT, COMMON WITH THE NORTH LINE OF 104.2
ACRE TRACT, A DISTANCE OF 193.46 FEET (CALLED 193.28 FEET) TO A 5/8
INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING THE COMMON
SOUTH CORNER OF SAID 23.747 ACRE TRACT, AND OF A CALLED 36.121 ACRE
TRACT DESCRIBED IN GENERAL WARRANTY DEED TO VALERIAN JOHN JOZWIAK,
AS RECORDED IN VOL. 471, PG. 359, W.C.D.R., SAME BEING AN ANGLE
POINT OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 87 DEG. 41 MIN. 35 SEC. EAST, WITH THE SOUTH
LINE OF SAID 36.121 ACRE TRACT, COMMON WITH THE NORTH LINE OF SAID
104.2 ACRE TRACT, A DISTANCE OF 671.84 FEET (CALLED 672.26 FEET) TO
A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING THE COMMON
SOUTH CORNER OF SAID 36.121 ACRE TRACT, AND OF SAID 122.978 ACRE
TRACT, W.C.D.R., SAME BEING AN ANGLE POINT OF THE HEREIN DESCRIBED
THENCE, NORTH 87 DEG. 37 MIN. 01 SEC. EAST, WITH THE SOUTH
LINE OF SAID 122.978 ACRE TRACT, COMMON WITH THE NORTH LINE OF SAID
104.2 ACRE TRACT, A DISTANCE OF 1,173.51 FEET (CALLED 1,173.27
FEET) TO A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING
AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 87 DEG. 28 MIN. 24 SEC. EAST, CONTINUING WITH
THE SOUTH LINE OF SAID 122.978 ACRE TRACT, COMMON WITH THE NORTH
LINE OF SAID 104.2 ACRE TRACT, A DISTANCE OF 782.47 FEET (CALLED
782.78 FEET) TO THE PLACE OF BEGINNING AND CONTAINING 104.2 ACRES OR
4,539,252 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 60200, PREPARED
A TRACT OR PARCEL CONTAINING 84.99 ACRES OR 3,702,229 SQUARE
FEET OF LAND SITUATED IN THE WILLIAM WHITESIDE SURVEY, ABSTRACT
NUMBER (NO.) 61, WALLER COUNTY, TEXAS, BEING THE SAME CALLED
122.978 ACRE TRACT DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO
KENNETH W. MIKEL AND SUZANNE B. MIKEL, AS RECORDED IN VOLUME (VOL.)
495, PAGE (PG.) 592, OF THE WALLER COUNTY DEED RECORDS (W.C.D.R.),
SAVE AND EXCEPT A CALLED 38.000 ACRE TRACT DESCRIBED IN GENERAL
WARRANTY DEED TO EAST POINT INSTALLERS, INC., AS RECORDED IN VOL.
1304, PG. 543, W.C.D.R., WITH SAID 84.99 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL
BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH
BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF
THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF F.M. 3346 (100 FEET WIDE) AS
RECORDED IN VOL. 262, PG. 748, W.C.D.R., AND THE WESTERLY R.O.W.
LINE OF F.M. 1887 (WIDTH VARIES) AS RECORDED IN VOL. 130, PG. 32,
W.C.D.R., AND IN VOL. 130, PG. 34, W.C.D.R., MARKING THE NORTHEAST
CORNER OF SAID 122.978 ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 13 DEG. 24 MIN. 12 SEC. WEST, WITH THE WEST
R.O.W. LINE OF SAID F.M. 1887, A DISTANCE OF 2,435.60 FEET (CALLED
2,434.88 FEET) TO A 1/2 INCH IRON ROD IN CONCRETE FOUND MARKING THE
SOUTHEAST CORNER OF SAID 122.978 ACRE TRACT AND OF THE HEREIN
DESCRIBED TRACT, SAME BEING THE NORTHEAST CORNER OF A CALLED 104.2
ACRE TRACT DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN TO HTCN
INVESTMENTS LLC, AS RECORDED IN DOCUMENT (DOC.) NO. 2308078,
W.C.D.R., FROM WHICH A CONCRETE MONUMENT FOUND BEARS FOR REFERENCE
NORTH 86 DEG. 46 MIN. 01 SEC. EAST - 82.85 FEET;
THENCE, SOUTH 87 DEG. 28 MIN. 24 SEC. WEST, WITH THE SOUTH
LINE OF SAID 122.978 ACRE TRACT, COMMON WITH THE NORTH LINE OF SAID
104.2 ACRE TRACT, A DISTANCE OF 782.40 FEET (CALLED 783.40 FEET) TO
A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING AN ANGLE
THENCE, SOUTH 87 DEG. 37 MIN. 01 SEC. WEST, WITH THE SOUTH
LINE OF SAID 122.978 ACRE TRACT, COMMON WITH THE NORTH LINE OF SAID
104.2 ACRE TRACT, A DISTANCE OF 1,173.51 FEET (CALLED 1,173.62
FEET) TO A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING
THE COMMON SOUTH CORNER OF SAID 122.978 ACRE TRACT, AND OF A CALLED
36.121 ACRE TRACT DESCRIBED IN GENERAL WARRANTY DEED TO VALERIAN
JOHN JOZWIAK, AS RECORDED IN VOL. 471, PG. 359, W.C.D.R., COMMON
WITH AN ANGLE POINT IN THE NORTH LINE OF SAID 104.2 ACRE TRACT, SAME
BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 02 DEG. 18 MIN. 21 SEC. WEST, ALONG THE COMMON
LINE OF SAID 36.121 ACRE TRACT AND THE REMAINDER OF SAID 122.978
ACRE TRACT, A DISTANCE OF 1,034.68 FEET TO A 5/8 INCH CAPPED IRON
ROD STAMPED "WINDROSE" SET MARKING THE SOUTHWEST CORNER OF SAID
38.00 ACRE TRACT SAME BEING THE MOST WESTERLY NORTHWEST CORNER OF
THENCE, OVER AND ACROSS SAID 122.978 ACRE TRACT, AND WITH THE
SOUTH AND EAST LINES OF SAID 38.00 ACRE TRACT, THE FOLLOWING THREE
1.  NORTH 87 DEG. 34 MIN. 04 SEC. EAST, A DISTANCE OF 1,260.14 FEET
TO A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING THE
SOUTHEAST CORNER OF SAID 38.00 ACRE TRACT, SAME BEING AN INTERIOR
CORNER OF THE HEREIN DESCRIBED TRACT;
2.  NORTH 02 DEG. 29 MIN. 28 SEC. WEST, A DISTANCE OF 468.82 FEET TO
A 5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING AN ANGLE
POINT OF SAID 38.00 ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT;
3.  NORTH 01 DEG. 06 MIN. 33 SEC. WEST, A DISTANCE OF 840.18 FEET TO
A 3/4 INCH CAPPED IRON ROD STAMPED "MCCAY" FOUND ON THE SOUTH R.O.W.
LINE OF SAID F.M. 3346, MARKING THE COMMON NORTH CORNER OF SAID
38.00 ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 87 DEG. 34 MIN. 04 SEC. EAST, WITH THE SOUTH
R.O.W. LINE OF SAID F.M. 3346, A DISTANCE OF 1,339.25 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 84.99 ACRES OR 3,702,229 SQUARE
FEET OF LAND, AS SHOWN ON JOB NO. 60200, PREPARED BY WINDROSE LAND
A TRACT OR PARCEL CONTAINING 37.99 ACRES OR 1,654,982 SQUARE
FEET OF LAND SITUATED IN THE WILLIAM WHITESIDE SURVEY, ABSTRACT
NUMBER (NO.) 61, WALLER COUNTY, TEXAS, BEING THE SAME CALLED 38.000
ACRE TRACT DESCRIBED IN GENERAL WARRANTY DEED TO EAST POINT
INSTALLERS, INC., AS RECORDED IN VOLUME (VOL.) 1304, PAGE (PG.)
543, OF THE WALLER COUNTY DEED RECORDS (W.C.D.R.), WITH SAID 37.99
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF
1983, SOUTH CENTRAL ZONE (4204):
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF
THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF F.M. 3346 (100 FEET WIDE) AS
RECORDED IN VOL. 262, PAGE PG. 748, W.C.D.R., AND THE WESTERLY
R.O.W. LINE OF F.M. 1887 (WIDTH VARIES) AS RECORDED IN VOL. 130, PG.
32, W.C.D.R., AND IN VOL. 130, PG. 34, W.C.D.R., MARKING THE
NORTHEAST CORNER OF A CALLED 122.978 ACRE TRACT DESCRIBED IN
WARRANTY DEED WITH VENDOR'S LIEN TO KENNETH W. MIKEL AND SUZANNE B.
MIKEL, AS RECORDED IN VOL. 495, PG. 592, W.C.D.R.;
THENCE, SOUTH 87 DEG. 34 MIN. 04 SEC. WEST, WITH THE SOUTH
R.O.W. LINE OF SAID F.M. 3346, A DISTANCE OF 1,339.25 FEET TO A 3/4
INCH IRON ROD STAMPED "MCCAY" FOUND MARKING THE NORTHEAST CORNER OF
SAID 38.000 ACRE TRACT, SAME BEING THE PLACE OF BEGINNING OF THE
THENCE, SOUTH 01 DEG. 06 MIN. 33 SEC. EAST, WITH AN EAST LINE
OF SAID 38.000 ACRE TRACT, A DISTANCE OF 840.18 FEET TO A 5/8 INCH
CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING AN ANGLE POINT OF
SAID 38.000 ACRE TRACT AND OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 02 DEG. 29 MIN. 28 SEC. EAST, CONTINUING WITH AN
EAST LINE OF SAID 38.000 ACRE TRACT, A DISTANCE OF 468.82 FEET TO A
5/8 INCH CAPPED IRON ROD STAMPED "WINDROSE" SET MARKING THE
SOUTHEAST CORNER OF SAID 38.000 ACRE TRACT AND OF THE HEREIN
THENCE, SOUTH 87 DEG. 34 MIN. 04 SEC. WEST, WITH THE SOUTH
LINE OF SAID 38.000 ACRE TRACT, A DISTANCE OF 1,260.14 FEET TO A 5/8
INCH CAPPED IRON ROD STAMPED "WINDROSE" SET ON THE EAST LINE OF A
36.121 ACRE TRACT DESCRIBED IN GENERAL WARRANTY DEED TO VALERIAN
JOHN JOZWIAK, AS RECORDED IN VOL. 471, PG. 359, W.C.D.R., MARKING
THE SOUTHWEST CORNER OF SAID 38.00 ACRE TRACT AND OF THE HEREIN
THENCE, NORTH 02 DEG. 18 MIN. 21 SEC. WEST, WITH THE EAST LINE
OF SAID 36.121 ACRE TRACT, COMMON WITH THE WEST LINE OF SAID 38.000
ACRE TRACT, A DISTANCE OF 1,308.78 FEET TO A 3/4 INCH IRON PIPE
FOUND ON THE SOUTH R.O.W. LINE OF SAID F.M. 3346, MARKING THE COMMON
NORTH CORNER OF SAID 36.121 ACRE TRACT, AND OF SAID 38.000 ACRE
TRACT, SAME BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT, FROM WHICH A 1 INCH IRON PIPE FOUND MARKING THE NORTHWEST
CORNER OF SAID 36.121 ACRE TRACT BEARS SOUTH 87 DEG. 34 MIN. 04 SEC.
THENCE, NORTH 87 DEG. 34 MIN. 04 SEC. EAST, WITH THE SOUTH
R.O.W. LINE OF SAID F.M. 3346, A DISTANCE OF 1,276.17 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 37.99 ACRES OR 1,654,982 SQUARE
FEET OF LAND, AS SHOWN ON JOB NO. 60200, PREPARED BY WINDROSE LAND
SECTION 3.  (a)  The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
(b)  The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(c)  The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
(d)  All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.